MINUTES

MUNICIPAL COUNCIL

Monday, August 26, 2024

6:30 P.m. - 7:30 P.m.

Corporation of The Township of Edwardsburgh Cardinal

Council Chambers, Spencerville Ontario

PRESENT:

• Mayor Tory Deschamps
• Deputy Mayor Stephen Dillabough
• Councillor Joe Martelle
• Councillor Waddy Smail
• Councillor Chris Ward

STAFF:

• Dave Grant, Director of Operations/Deputy CAO
• Rebecca Crich, Clerk
• Mike Spencer, Manager of Parks, Recreation & Facilities
• Chris LeBlanc, Manager of Public Works
• Mary Tessier, Consultant

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1.

Call to Order

Deputy Dillabough called the meeting to order at 6:32 p.m. and noted that Mayor Deschamps is delayed due to another meeting.

2.

Indigenous Land Acknowledgement Statement

The Chair read the indigenous land acknowledgement statement.

3.

Approval of Agenda

• Decision: 2024-199
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT Municipal Council approves the agenda as presented.

  Carried

4.

Disclosure of Pecuniary Interest or Conflict of Interest & the General Nature Thereof

None.

5.

Delegations & Presentations

a.

Jule Power- Request Support for NRCan EV Application

6.

Consent Agenda

• Decision: 2024-200
  Moved by: C. Ward
  Seconded by: W. Smail

  THAT Municipal Council receives and approves the following consent agenda items as presented:

  1. Regular Council - July 22, 2024
  Carried

7.

Minutes of the Previous Council Meetings

a.

Regular Council - July 22, 2024

• Decision: 2024-200
  Moved by: C. Ward
  Seconded by: W. Smail

  THAT Municipal Council receives and approves the minutes of the Regular Council Meeting dated July 22, 2024.

  Carried

8.

Business Arising from the Previous Council Meeting (if any)

None.

9.

Committee Minutes

None.

10.

Action and Information Items from Committees

a.

Jule Power - Letter of Support for NRCan EV Application

Council reviewed the report and discussed supporting the current 4 proposed locations and flexibility with Jule Power to possibly select alternate and additional locations that may be of interest in the future. 

• Decision: 2024-201
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT Municipal Council authorize the Mayor to execute the letter of support for the installation of Jule’s EV Charging Infrastructure and direct staff to submit necessary documents to support application submission under the NRCan program for the pre-selected locations.

  Carried

b.

Community Futures Grenville CED Grant Application to Support a New CIP

Council was provided a summary of the report and discussed how the funding would be utilized to assist in updating the Community Improvement Plan through community engagement activities. It was noted that the additional engagement will assist in gathering valuable collaborative feedback from the community to help ensure the CIP reflects the needs of the Township.

• Decision: 2024-202
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT Municipal Council endorse the submission of an application to Community Futures Grenville’s Community Economic Development Initiative for funding to support additional community engagement.

  Carried

c.

Application for Severance - B-87-24, B-88-24, B-89-24 - Hurley Rd ( Zanderplan for Hutton)

Council reviewed the report and discussed the following: lot configuration, Township policy regulating when a hydrogeological assessment is required, and setbacks for a livestock facility on a nearby property.

• Decision: 2024-203
  Moved by: C. Ward
  Seconded by: W. Smail

  THAT Municipal Council recommend in favour of:

  1. Severance applications B-87-24; B-88-24; and
  2. Severance application B-89-24 with the following conditions:
     1. That a Hydrogeological assessment and terrain analysis be completed by a qualified professional to demonstrate that the site conditions are suitable for the long-term provision of private services with no negative impacts (or cumulative negative impacts) to the environment or public health resulting from the use of on-site private water and sewage services to the satisfaction of the Township; and
     2. The owner enters into a development agreement with the Township, as required by the Township, to implement the recommendations of the Hydrogeological assessment and terrain analysis.
  Carried

d.

Application for Site Plan Control - 161-163 Shanly Rd (Annable Designs for Simard)

Council reviewed the report and discussed how the applicant can seek relief from the zoning bylaw to remove the requirement for a fence for the proposed development through a minor variance. 

• Decision: 2024-204
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT Municipal Council enter into a site plan control agreement with Denis Simard.

  Carried

e.

Application for Site Plan Control - Newport Dr (Purplefarm Genetics)

• Decision: 2024-205
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT Municipal Council enter into a site plan control agreement with 2506418 Ontario Inc.

  Carried

f.

CWELCC Child Care Spaces Resolution of Support

• Decision: 2024-206
  Moved by: C. Ward
  Seconded by: W. Smail

  WHEREAS on March 22, 2022, the Federal and Provincial Governments announced a funding agreement that will reduce the cost of child care in Ontario to an average of $10 per day by 2025-2026; and

  WHEREAS the For-Profit / Not-For-Profit quotas [30/70] mandated in the agreement artificially limits the number of licences that can be given out and therefore limits the child care spaces that can be created; and

  WHEREAS families are being forced to wait for $10 per day childcare even though there is unspent budget for unrealized Not-For-Profit centres due to a lack of Not-For-Profits applying; and

  WHEREAS changing the ratios could unlock thousands of new $10 per day childcare spaces immediately.

  NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Township of Edwardsburgh Cardinal hereby requests the Federal and Provincial Governments to fix the archaic For-Profit/Not-For-Profit quotas in the agreement;

  AND FURTHER THAT Mayor Tory Deschamps writes a letter on behalf of the Corporation of the Township of Edwardsburgh Cardinal to the Association of Municipalities of Ontario (AMO) and the Federation of Canadian Municipalities (FCM) asking them to advocate for the change to the For-Profit / Not-For-Profit ratios;

  AND FURTHER THAT this resolution be circulated and brought to the attention of Michael Barrett, Member of Parliament, Leeds-Grenville-Thousand Islands and Rideau Lakes; The Honourable Jenna Sudds, Minister of Families, Children and Social Development; The Right Honourable Justin Trudeau, Prime Minister of Canada; Steve Clark, Member of Provincial Parliament, Leeds-Grenville-Thousand Islands and Rideau Lakes; The Honourable Jill Dunlop, Minister of Education; and The Honourable Doug Ford, Premier of Ontario.

  Carried

g.

CN Private Crossing Upgrades Impacting Landowners

Council discussed the costs to private landowners that have rail crossings impacted by Transport Canada's Grade Crossings Regulations SOR/2014-275.

• Decision: 2024-207
  Moved by: J. Martelle
  Seconded by: W. Smail

  WHEREAS the Government of Canada through Transport Canada’s Grade Crossings Regulations SOR/2014-275, as amended, specifically Section 75 regarding private grade crossings requires that existing grade crossings that is a private grade crossing must meet additional requirements outlined in the regulation beginning on November 28, 2024; and

  WHEREAS due to these amendments to the Grade Crossings Regulations will require significant safety enhancements for specific private railway crossings, including those located on private properties within the Township of Edwardsburgh Cardinal; and

  WHEREAS CN Rail is actively seeking an exemption for the private grade crossings for relief from the requirements of these regulations; and

  WHEREAS if Transport Canada does not support the exemption request, the private property owners with private grade crossings will be mandated to complete the upgrades, including the installation of an automated warning system with gates; and

  WHEREAS CN Rail estimates that the necessary upgrades may cost each private railway crossing owner upwards of between $600,000 to $2 million depending on the cost of installation of each automatic gate system and additional annual maintenance costs of $9,685 for the required equipment pursuant to the Canadian Transportation Agency’s Guide to Railway Charges for Crossing Maintenance and Construction.

  NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Corporation of the Township of Edwardsburgh Cardinal urges Transport Canada to reconsider the amendments to the Grade Crossing Regulations SOR/2014-275 due to the financial challenges these required upgrades to each private railway crossing will have on private property owners across Canada.

  AND FURTHER THAT the Municipal Council of the Corporation of the Township of Edwardsburgh Cardinal supports CN Rail’s continued requests to Transport Canada to obtain exemptions for private railway crossing upgrades.

  AND FURTHER THAT this resolution be circulated and brought to the attention of Michael Barrett, Member of Parliament, Leeds-Grenville-Thousand Islands and Rideau Lakes; Steve Clark, Member of Provincial Parliament, Leeds-Grenville-Thousand Islands and Rideau Lakes; The Right Honourable Justin Trudeau, Prime Minister of Canada; The Honourable Doug Ford, Premier of Ontario; The Honourable Pablo Rodriguez, Minister of Transport of Canada; ROMA and AMO.

  Carried

h.

Port - Assignment of Lease - P-42

• Decision: 2024-208
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT Municipal Council approves the following:

  1. That an assignment of the current lease known as P-42 be completed which includes the removal of Jeff Berube from the lease and the addition of Judy Berube to the lease; and
  2. That the assignment agreement be executed by the Port GM, the Mayor and CAO of the Township.
  Carried

11.

Correspondence

• Decision: 2024-209
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT Municipal Council receives the correspondence listings for the following dates as previously circulated:

  • July 25, 2024
  • July 31, 2024
  • August 7, 2024
  • August 15, 2024
  • August 21, 2024
  Carried

12.

Port Disbursements

• Decision: 2024-210
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT Municipal Council receives and approves the payment of Port invoices circulated and numbered as follows:

  Withdrawals Total:                                                                       $140,964.49

  Batch 23 Cheques                                                                      $26,655.25

  Batch 24 EFT Payments                                                             $870,337.56

  Total of Direct Withdrawal & Batch Listings:                               $1,037,957.30

  Carried

13.

Municipal Disbursements

• Decision: 2024-211
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT Municipal Council receives the payment of municipal invoices circulated and dated as follows: 

  • Report dated July 30 (2024-126)                         $220,836.62
  • Report dated July 30 (2024-127)                         $123,419.47
  • Report dated August 14 (2024-133)                    $133,442.60
  • Report dated August 15 (2024-134)                    $382,133.63
  • Report dated August 19 (2024-135)                    $217,470.46
  • Report dated August 21 (2024-136)                    $39,812.81

                                                       TOTAL:                   $1,117,115.59

  Carried

14.

By-laws

a.

Appoint Interim Chief Building Official

• Decision: 2024-212
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT the mover be granted leave to introduce a bylaw to appoint an interim Chief Building Official, and this shall constitute first and second reading thereof.

  Carried
• Decision: 2024-213
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT a bylaw to appoint an interim Chief Building Official, be now read a third and final time and finally passed, signed, sealed and numbered 2024-41.

  Carried

b.

Tenancy Assignment of Lease - P-42

• Decision: 2024-214
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT the mover be granted leave to introduce a bylaw to authorize the Mayor, CAO and Port General Manager to execute the tenancy assignment and consent to assignment for a lease agreement for Port property number P-42, and this shall constitute first and second reading thereof.

  Carried
• Decision: 2024-215
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT a bylaw to authorize the Mayor, CAO and Port General Manager to execute the tenancy assignment and consent to assignment for a lease agreement for Port property number P-42, be now read a third and final time and finally passed, signed, sealed and numbered 2024-42.

  Carried

c.

Amend 2023-06 - Livestock Investigator

• Decision: 2024-216
  Moved by: C. Ward
  Seconded by: W. Smail

  THAT the mover be granted leave to introduce a bylaw to amend Bylaw 2023-06 to appoint members and representatives to certain boards and committees, and this shall constitute first and second reading thereof.

  Carried
• Decision: 2024-217
  Moved by: C. Ward
  Seconded by: W. Smail

  THAT a bylaw to amend Bylaw 2023-06 to appoint members and representatives to certain boards and committees be now read a third and final time and finally passed, signed, sealed and numbered 2024-43.

  Carried

d.

Site Plan Control Agreement - 161-163 Shanly Rd (Annable Designs for Simard)

• Decision: 2024-218
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT the mover be granted leave to introduce a bylaw to authorize the execution of a Site Plan Control Agreement with Denis Simard, and this shall constitute first and second reading thereof.

  Carried
• Decision: 2024-219
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT a bylaw to authorize the execution of a Site Plan Control agreement with Denis Simard, be now read a third and final time, and finally passed, signed, sealed and numbers 2024-44.

  Carried

e.

Site Plan Control Agreement- Newport Dr (Purplefarm Genetics)

• Decision: 2024-220
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT the mover be granted leave to introduce a bylaw to authorize the execution of a Site Plan Control agreement with 2506418 Ontario Inc., and this shall constitute first and second reading thereof.

  Carried
• Decision: 2024-221
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT a bylaw to authorize the execution of a Site Plan Control agreement with 2506418 Ontario Inc., be now read a third and final time, passed, signed, sealed and numbered 2024-45.

  Carried

f.

Appoint Building Inspector

• Decision: 2024-222
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT the mover be granted leave to introduce a bylaw to appoint a Building Inspector for the Township of Edwardsburgh Cardinal, and this shall constitute first and second reading thereof.

  Carried
• Decision: 2024-223
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT a bylaw to appoint a Building Inspector for the Township of Edwardsburgh Cardinal, be now read a third and final time, passed, signed, sealed and numbered 2024-46.

  Carried

15.

CAO’s Administrative Update

Mayor Deschamps arrived at 7:33 p.m.

Council reviewed the CAO’s administrative update and discussed the following items:

• Consensus of Council to hold the September meeting of Council on September 30 at 6:30 p.m.
• Paving of Helen St.
• Cardinal water tower cleanup efforts.
• Positive business community feedback received from the South Grenville Bluegrass Festival event.
• Commended Township staff on their dedication and support for the successful summer programming, Bluegrass Festival and Baitfuel Fishing Tournament.
• Welcomed Mary Tessier as the Townships Economic Development and Communications Consultant.
• Partnership opportunity with Ingredion to cost share future paving of James St.

• Decision: 2024-224
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT Municipal Council receives the CAO’s Administrative Report as presented.

  Carried

16.

Councillor Inquiries or Notices of Motion

Councillor Martelle inquired about the possibility of installing crosswalks at various locations within the settlement areas.

Councillor Smail requested that a discussion item be added to a future agenda regarding speed limits/reductions on Sutton and Sophia St.

Councillor Smail inquired if a "dead end" sign may be installed on Legion Way for safety.

Mayor Deschamps requested that a discussion item and draft resolution be prepared for consideration at the September Administration and Operations meeting regarding ongoing discussion brought to his attention by Mayor Shaver regarding closing and relocating Maynard Public School. It was noted that Edwardsburgh Cardinal has two public schools operating with no interest in moving or closing any schools within the Township.

17.

Mayor’s Report

Mayor Deschamps and Deputy Mayor Dillabough reported on the following:

• Mayor Deschamps met with Dr. Dinny Matthews to discuss physician recruitment and retention efforts.
• Attended AMO conference and was involved in the UCLG delegation to support child care in Leeds and Grenville.
• Highlighted the South Grenville Bluegrass Festival and the positive economic impact it continues to have to the community and local businesses.
• Highlighted the Baitfuel Fishing Tournament and thanked the Deputy Mayor for his contributions to the event.
• Noted that Council will have a float in the Cardinal Labour Day parade.
• Cardinal Festival Committee is currently seeking volunteers.

• Decision: 2024-225
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT Municipal Council receives the Mayor’s Report as presented.

  Carried

18.

Question Period

Questions/comments were raised with respect to the following:

• Support on the CN private crossing upgrades that may impact landowners.

19.

Closed Session

Mayor Deschamps assumed the Chair.

• Decision: 2024-226
  Moved by: C. Ward
  Seconded by: W. Smail

  THAT Municipal Council proceeds into closed session at 8:01 p.m. in order to address a matter pertaining to:

  1. Section 239(2)(b) Personal matters about an identifiable individual, including municipal or local board employees; Specifically: Byers Rd Property
  2. Section 239(2)(c) Proposed or pending acquisition or disposition of land by the municipality or local board; Specifically: Byers Rd Property
  3. Section 239(2)(b) Personal matters about an identifiable individual, including municipal or local board employees; Specifically: Approve Minutes of Closed Session dated July 22,2024
  Carried

a.

Section 239(2)(b) Personal matters about an identifiable individual, including municipal or local board employees; Specifically: Byers Rd Property

b.

Section 239(2)(c) Proposed or pending acquisition or disposition of land by the municipality or local board; Specifically: Byers Rd Property

c.

Section 239(2)(b) Personal matters about an identifiable individual, including municipal or local board employees; Specifically: Approve minutes of Closed Session dated July 22, 2024

• Decision: 2024-227
  Moved by: C. Ward
  Seconded by: W. Smail

  THAT the closed meeting of Municipal Council does now adjourn and the open meeting does now resume at 8:54 p.m.

  Carried

20.

Report Out of Closed Session

The Chair reported that Council met in closed session to:

• Receive information on personal matters about an identifiable individual and a proposed or pending acquisition or disposition of land regarding Byers Rd property; and
• Direction was provided to staff regarding the Byers Rd property; and
• Reviewed the closed session minutes dated July 22, 2024.

• Decision: 2024-228
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT Municipal Council receives and approves the minutes of Closed Session dated July 22, 2024.

  Carried

21.

Confirmation By-law

• Decision: 2024-229
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT a by-law to adopt, confirm and ratify matters dealt with by resolution be now passed, signed, sealed and numbered 2024-47.

  Carried

22.

Adjournment

• Decision: 2024-230
  Moved by: C. Ward
  Seconded by: W. Smail

  THAT Municipal Council does now adjourn at 8:55 p.m.

  Carried